Pic & Win – “Say Cheese…cake” photo contest

TERMS AND CONDITIONS

1. Information on how to enter and prizes forms part of these Terms and Conditions. Entry into this Promotion is deemed acceptance of these Terms and Conditions.

2. “Promoter” means The Cheesecake Shop Pty Ltd (ABN 54 059 134 431).

3. The Promotion commences at 9:00am AEDT on 15/09/2014 and closes at 11.59am AEDT on 09/11/2014 (the “Promotion Period”). The Promoter reserves the right to extend the Promotion Period and repeat the Promotion on a weekly basis.

Eligible Participants

4. The Promotion is open only to Australian and New Zealand residents, who are not an employee (or their immediate family) of the Promoter or agencies associated with this Promotion (“Eligible Participant”).

5. If the Eligible Participant is under 18 years of age, they are required to check with their parents/guardians to ensure they consent to the Eligible Participant participating in this Promotion, its Terms and Conditions and submitting any Entries.

How to Enter

6. To enter, Eligible Participants must upload and submit an image related to “Say Cheese…cake” with any product from The Cheesecake Shop to The Cheesecake Shop’s Facebook Page at https://www.facebook.com/thecheesecakeshop with the hashtag #Cheesecakeshop or upload a photo to Twitter and/or Instagram and tag with the hashtag #Cheesecakeshop (“Entry”).

7. Entries must be of an acceptable resolution and picture quality, as determined by the Promoter in its absolute discretion. Eligible Participants are required to retain a copy of any Entries submitted in the highest resolution possible.

8. Multiple entries permitted per Eligible Participant.

Entry Requirements

9. Each Eligible Participant warrants to the Promoter that: (a) each Entry submitted is their original work that does not infringe the rights of any third party, including but not limited to, copyright, trade marks, trade secrets, privacy, publicity, personal, confidentiality or proprietary rights; (b) the Entry has not been submitted for any other competition, promotions or any other commercial use; (c) they will obtain the consent of any recognisable person (or their parent/guardian, where applicable) that is featured in an Entry to submit the Entry and for it to be used in these terms and conditions; (d) the Entry will not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

10. Eligible Participants grant the Promoter and its Agency a non-exclusive, royalty-free, worldwide licence without charge to use, reproduce, publish and display any or all of their Entries in any media, including publication on The Cheesecake Shop’s and its Agency’s website or any internet applications for a period of three years for any purpose connected with this Promotion.

11. The Eligible Participant agrees to indemnify the Promoter against all costs and claims in connection with a failure to comply with these terms and conditions. The Promoter will make best endeavours to uphold any Eligible Participants’ moral rights, however, Eligible Participant consents to any use of their Entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth). This includes infringement of their right of attribution for their Entry where the Promoter deems that it is not reasonable to provide such attribution in the circumstances. For example, the Promoter may display the Entries for promoting its business and it may not be appropriate in the overall context of the display to attribute the Eligible Participant.

12. Each Eligible Participant agrees that they are fully responsible for their Entry they submit, and are fully responsible for any equipment, materials, licenses or other costs required for or associated with their Entry. The Promoter is not liable in any way for the Entry or any costs borne by the Eligible Participant relating to the Entry, to the full extent permitted by law.

13. Each Entry and image will be subject to the approval of the Promoter. The Promoter or its Agency may remove any Entry or part of an Entry without notice for any reason whatsoever.

Judging

14. Judging will take place each Monday after 9.00 am for entries submitted within the week prior to judging, closing each Sunday 11.59 pm. Chance plays no part in this Promotion.

15. Each Entry will be individually judged based on artistic and creative merit by the Promoter and/or its Agency (“Judges”).

16. The judges’ decision will be made in their absolute discretion, is final and no correspondence will be entered into.

Winners and Prizes

17. Winners will be announced each Monday after 12 pm through The Cheesecake Shop’s Facebook page.

18. There is one (1) prize to be awarded each week and a total of eight (8) prizes to be won. Each prize is one (1) The Cheesecake Shop cake voucher to be spent at any The Cheesecake Shop store in Australia or New Zealand. Voucher conditions apply. The cake voucher value is $100 (one hundred dollars) awarded in the enumerated currency of the winning resident. The total prize pool is AUD 800 (eight hundred Australian dollars).

Claiming the Prize

19. Winners must contact the Promoter or its Agency to collect the prize. Instructions on how to claim will be posted with the winner announcements on The Cheesecake Shop’s Facebook page.

20. Prize will be dispatched by post within 30 days of the announcement.

General Prize Information

21. If a winner does not claim the prize or if a winner does not meet the eligibility criteria, that winner will forfeit the prize in its entirety and it shall be awarded to the Eligible Participant who submits the next best Entry. The Promoter will not be liable for a winner who cannot be contacted and therefore forfeits their prize and no correspondence will be entered into.

22. In the event that a winner cannot provide suitable proof as to eligibility, personal identity or compliance with any of the applicable Terms and Conditions, as requested by the Promoter, they will not be eligible for the prize.

23. Prizes, or any unused portion of a prize, are not exchangeable, or transferrable and cannot be taken as cash.

24. It is a condition of taking the prize, that the winner (or if under 18 years of age, their parent or guardian), if requested by the Promoter or its Agency, sign a legal release in a form determined by the Promoter.

Conditions that may invalidate, disqualify, terminate etc, the Entry, Eligible Participants or the Promotion

25. The Promoter reserves the right to disqualify any Entry where: it reasonably suspects that such materials are prohibited by these Terms and Conditions or any relevant law; it is deemed inappropriate; or is otherwise rejected by the Promoter. This is at the Promoter's absolute discretion and discussions will not be entered into. Images that are considered unlawful or contain objectionable content, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, contain nudity, are watermarked or otherwise objectionable will not be acceptable and deemed invalid.

26. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated by the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Participant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.

27. The Promoter reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Terms and Conditions.

Promoter’s Decision

28. The Promoter’s and its Agency’s decision in relation to any aspect of the Promotion is final and binding on each person who is entered and no correspondence will be entered into. No responsibility is accepted for late, lost or misdirected Entries.

29. The Promoter reserves the right, at any time, to: (a) verify the validity of Entries; (b) verify the Eligible Participant’s personal details (including an Eligible Participant’s identity, age and place of residence); and (c) disqualify any Eligible Participant who enters in a way that is not in accordance with these Terms and Conditions or who tampers with the Entry.

30. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Privacy

31. The Promoter and its Agency may collect personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, Australian regulatory authorities. Entry is conditional on providing this information. When entering this Promotion, you agree to receive emails about your Entry and your participation in the Promotion, as reasonably determined to be necessary for the operation of this Promotion by the Promoter, in its full discretion.

32. All Entries become the property of the Promoter.

33. Notwithstanding the above clause 29, the Promoter, its agents or service providers may contact the Eligible Participant in connection to the use of the Entry including any acceptance, rejection or use of the Entry for its purposes.

Liability

34. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.

35. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any Entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the Event is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of the prize.

36. This promotion is in no way sponsored, endorser or administered by, or associated with Facebook.

37. By submitting an entry, Eligible Participants agree to release and hold harmless Facebook from and against any claims, demands, liability, losses or costs arising out of this Promotion.

Miscellaneous

38. If any provision of these Terms and Conditions is unenforceable for any reason, such provision shall be severed from these Terms and Conditions and the remaining Terms and Conditions will remain in full force and effect.

39. These terms and conditions are governed by the laws of New South Wales. The parties submit to the non exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.